Assistance and resources

Associations

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Setting up a non-profit association

  • Step 1: At least three people come together to carry out activities in common, to achieve an object or defend an opportunity. To this end, they decide to create an organisation called a non-profit organisation (asbl).
  • Step 2: The same people, called founding members, draw up and adopt the text of the articles of association, which set out the rules governing the operation of the non-profit association.
  • Step 3: The founding members meet in a general assembly to elect the members of the board of directors of the non-profit organisation. These are the members of the board of directors or administrators.
  • Step 4: The directors appoint from among themselves a president, a secretary, a treasurer and, if necessary, determine the allocation of other tasks necessary for the proper functioning of the board.
  • Step 5: The board now has the information needed to complete the formalities for registering and filing the articles of association with the Registre de Commerce et des Sociétés.

The non-profit organisation is now duly constituted as a legal entity and can claim to be a legal person with its own existence and an autonomous legal personality, distinct from those of its members.

Drafting the statutes

Questions / Answers

  • Yes, the members of the organisation may be domiciled abroad, but the registered office of the organisation must be at an address in Luxembourg.

  • At a geographically locatable postal address in Luxembourg. It may be at a private address, for example at the home of one of the members.

  • Once the organisation has been set up, the rights of the members who founded the organisation and those of the members who joined the organisation after its creation are the same.

    The members of an organisation are also called "associates".

  • Only if a distinction between members is essential for the proper functioning of the organisation. Then describe each type of member in your statutes.

  • They are not ex officio members. Your statutes set out the conditions that applicants must meet to become members. If your donors apply for membership it is up to the organisation to decide on their membership. Treat the payment of the membership fee and the act of making a donation separately.

  • It is not mandatory to issue individual membership cards. This may be necessary if your members need to prove their membership of the organisation to third parties, e.g. in order to benefit from certain advantages, free entrance, discounts on purchases or services.

  • The organisation is not allowed to carry out its activities with the sole aim of making a profit or providing material benefits to its members. The financial profit from a positive result remains in the organisation for its development and is not distributed to the members. 

Services of Agence du Bénévolat

The Agence du Bénévolat offers a training course on "Creating and managing a non-profit organisation" which will enable you to acquire the necessary knowledge to create and manage an organisation. You will learn the legal bases and understand the role of the different actors (members, GA, CA, executive committee...), the rules of governance, etc.

During this training, you will be able to ask our lawyer questions specific to your project.

See the next training sessions